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1991-15 . . . RESOLUTION NO. OL-91-015 A RESOLUTION OF THE OLIVENHAIN COMMUNITY ADVISORY BOARD APPROVING A MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE TO INCLUDE A GARAGE, CARPORT AND RECREATION ROOM FOR PROPERTY LOCATED AT 2926 LONE JACK ROAD (CASE NO. 91-083-MIN; MINOR USE PERMIT) WHEREAS, Thomas and Karen Frost, applied for a Minor Use Permit to allow a detached accessory structure for the purpose of a detached recreation room of 380 sq. ft., and detached garage and carport of 669 sq. ft., located at 2926 Lone Jack Road, Olivenhain as required by Section 30.48.040,B, and Chapter 30.74 Use Permits of the Zoning Ordinance of the City of Encinitas; WHEREAS, public hearings were conducted on the application by the Olivenhain Community Advisory Board on August 6, and August 20, 1991, and all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Grading plan with topography dated landscape plan dated May 3, 1990; site and elevations dated January 3, 1991 applicant; Written information submitted with the application; Oral testimony from staff, applicant, and public made a part of the record at said public hearing; CAB staff reports (91-083-MIN) dated July 31, and August 13, 1991, which are onfile in the Department of Planning and Community Development; and Additional written documentation. April 11, 1991; plan, floor plans submitted by the b. c. d. e. LN/CAB45-337wp (8/13/91) 3 . . . NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community Advisory Board of the City of Encinitas that the Minor Use permit is hereby approved subject to the following findings: A. That the land use and design proposed are consistent with the general plan since detached accessory structures of this nature are allowed in this rural zone and the garage, carport and recreation room proposed are consistent with similar uses in the same zone and neighborhood. B. The location, size design or operating characteristics of the proposed project will not be incompatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: ( 1) The adequacy of public facilities, services and utilities to serve the proposed project since they are available; (2 ) The suitability of the site for the type and intensity of use or development which is proposed, since it is presently a rural residential zone and the proposed uses are common in association with a single family residential use. Additionally, the project is only at 11.1% lot coverage in a zone where 35% lot coverage is allowed, and no view are being blocked; and (3) The harmful effect, if any, upon environmental quality and natural resources of the City, since the use is monitored by standards setforth by the City of Encinitas and the use is a standard accessory use in the single family residential zone; or ' C. The impacts of the proposed project will not adversely affect the policies of the existing Encinitas General Plan or the provisions of this Code, since it is proposed to be constructed to match the existing dwelling, and it will be solely for the private use of the family and friends and will not be used for rental or operation of a business; and D. The project complies with all other conditions or policies imposed by this Code. regulations, LN/CAB45-337wp (S/13/91) 4 . . . BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following STANDARD conditions: I. This approval will expire on August 20, 1993, after the approval of this project unless the conditions have been met or an extension has been approved by the Authorized Agency; 2. This approval may be appealed to the authorized agent within 15 days from the date of this approval; 3. At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity; 4. At no time during the effective period of this permit shall the applicant be delinquent in the payment of taxes or other lawful assessments relating to the property which is the subject of this permit; 5. In the event that any of the conditions of this permit are not satisfied, the Planning Department shall cause a noticed hearing to be sent before the authorized agency to determine why the City of Encinitas should not revoke this permit; 6. Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit; 7. Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similarly in nature to the activity authorized by this permit; 8. Nothing in this permit shall authorize the applicant intensify the authorized activity beyond that which specifically described in this permit; to is 9. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance; LN/CAB45-337wp (8/13/91) 5 . . . - 10. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance if applicable; 11. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval, if applicable; 12. All Permits from other agencies will be required when applicable; and 13. Project is approved as submitted and shall not be altered without Community Advisory Board review and approval. BE IT FURTHER RESOLVED that the Minor Use Permit is approved subject to the following ADDITIONAL conditions: 1. The detached accessory structure for a garage, carport, and recreation room as shown on the plans dated January 3, 1991 and on file in the office of Planning and Community Development shall be allowed limited to the private use of the family and friends and shall not be rented, and the engine hoist in the detached garage shall be for private use and shall not be used for the purpose of operating a business. 2. The engine hoist shall be installed as a temporary and removable item. The engine hoist shall be removed when the property is sold or rented. 3. A covenant shall be recorded in the office of the County Recorder agreeing that the structure shall not be rented and may not be used for the operation of any business unless authorized by a Home Occupation Permit as set forth in Section 30.48.040,M of the City of Encinitas Municipal Code, and the engine hoist shall be removed upon sale or rental of the property. 4. The applicant shall cause to be recorded a covenant regarding real property which sets forth this grant of approval. The covenant shall be in form and content satisfactory to the Director of Planning and Community Development. 5. Address numbers shall be clearly visible from the street fronting the structure. The height of numbers shall LN/CAB45-337wp (8/13/91) 6 . . . 7. conform to Fire District Standards. Where structures are located off a roadway on long driveways, a monument marker shall be placed at the entrance where the driveway intersects the main roadway. Permanent numbers shall be affixed to this marker. 6. Prior to final development approval, the applicant shall submit to the Planning Department a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. Gradinq Conditions 1. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 2. The grading for this project is defined in Chapter 23.24 of the Encini tas Municipal Code. Grading shall be . performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the Ci ty Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. 3. No grading shall occur outside the limits of the (SUBDIVISION/PROJECT) unless a letter of permission is obtained from the owners of the affected properties. 4. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 5. All newly created slopes within this project shall be no steeper than 2:1. 6. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work: At first submittal of a grading plan. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Ci ty Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the Ci ty Engineer may impose with regards to the hauling operation. LN/CAB45-337wp (S/13/91) 7 . . . 10. Drainaqe Conditions 8. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 9. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. Concentrated flows across driveways shall not be permitted. and/or sidewalks 11. Street Conditions Reciprocal access and maintenance and/or agreements shall be provided ensuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Works. 12. Utilities 13. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and Cable TV authorities. LN/CAB45-337wp (S/13/91) 8 . . . 14. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. PASSED AND ADOPTED this 20th day of August, 1991, by the following vote, to wit: Ayes: Boardmembers Post, Perkins, and Van Slyke Nays: None Absent: Boardmember Schafer Abstain: Boardmember DuVivier \' CHUCK DU VIVIER, Chairman of the Olivenhain Community Advisory Board ATTEST: ~//) ~ ' ~f~ l~, \P4 L DA S. . NILES, Associate Planner LN/CAB45-337wp (8/13/91) 9